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Public Act 91-0184
HB0264 Enrolled LRB9100633ACsbA
AN ACT concerning plumbers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by adding
Section 13-709 as follows:
(220 ILCS 5/13-709 new)
Sec. 13-709. Orders of correction.
(a) A telecommunications carrier shall comply with
orders of correction issued by the Department of Public
Health under Section 5 of the Illinois Plumbing License Law.
(b) Upon receiving notification from the Department of
Public Health that a telecommunications carrier has failed to
comply with an order of correction, the Illinois Commerce
Commission shall enforce the order.
(c) The good faith compliance by a telecommunications
carrier with an order of the Department of Public Health or
Illinois Commerce Commission to terminate service pursuant to
Section 5 of the Illinois Plumbing License Law shall
constitute a complete defense to any civil action brought
against the telecommunications carrier arising from the
termination of service.
Section 10. The Illinois Plumbing License Law is amended
by changing Sections 2 and 5 as follows:
(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. When used in this Act:
"Agent" means a person designated by a sponsor as
responsible for supervision of an apprentice plumber and who
is also an Illinois licensed plumber.
"Apprentice plumber" means any licensed person who is
learning and performing plumbing under the supervision of a
sponsor or his agent in accordance with the provisions of
this Act.
"Approved apprenticeship program" means an apprenticeship
program approved by the U.S. Department of Labor's Bureau of
Apprenticeship and Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing
Examiners.
"Building drain" means that part of the lowest horizontal
piping of a drainage system that receives the discharge from
soil, waste, and other drainage pipes inside the walls of a
building and conveys it to 5 feet beyond the foundation walls
where it is connected to the building sewer.
"Building sewer" means that part of the horizontal piping
of a drainage system that extends from the end of the
building drain, receives the discharge of the building drain
and conveys it to a public sewer or private sewage disposal
system.
"Department" means the Illinois Department of Public
Health.
"Director" means the Director of the Illinois Department
of Public Health.
"Governmental unit" means a city, village, incorporated
town, county, or sanitary or water district.
"Lawn sprinkler system" means any irrigation system of
lawn, shrubbery and other vegetation from any potable water
sources; and from any water sources, whether or not potable,
in: (i) any county with a population of 3,000,000 or more;
(ii) any county with a population of 275,000 or more which is
contiguous in whole or in part to a county with a population
of 3,000,000 or more; and (iii) any county with a population
of 37,000 or more but less than 150,000 which is contiguous
to 2 or more counties with respective populations in excess
of 275,000. Such system includes without limitation the water
supply piping, valves and sprinkler heads or other irrigation
outlets. Lawn sprinkler system does not include an
irrigation system used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation,
partnership, or association.
"Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
"Plumbing" means the actual installation, repair,
maintenance, alteration or extension of a plumbing system by
any person.
Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including
without limitation lawn sprinkler systems, from the source of
a private water supply on the premises or from the main in
the street, alley or at the curb to, within and about any
building or buildings where a person or persons live, work or
assemble.
Plumbing includes all piping, from discharge of pumping
units to and including pressure tanks in water supply
systems.
Plumbing includes all piping, fixtures, appurtenances,
and appliances for a building drain and a sanitary drainage
and related ventilation system of any building or buildings
where a person or persons live, work or assemble from the
point of connection of such building drain to the building
sewer or private sewage disposal system 5 feet beyond the
foundation walls.
Plumbing does not mean or include the trade of
drain-laying, the trade of drilling water wells which
constitute the sources of private water supplies, and of
making connections between such wells and pumping units in
the water supply systems of buildings served by such private
water supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the
business of manufacturing or selling plumbing fixtures,
appliances, equipment or hardware, or to the installation and
servicing of electrical equipment sold by a not-for-profit
corporation providing electrification on a cooperative basis,
that either on or before January 1, 1971, is or has been
financed in whole or in part under the federal "Rural
Electrification Act of 1936" and the Acts amendatory thereof
and supplementary thereto, to its members for use on farms
owned by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in
the piping to or from plumbing fixtures or involve the
removal, replacement, installation or re-installation of any
pipe or plumbing fixtures. Plumbing does not include the
installation, repair, maintenance, alteration or extension of
building sewers.
"Plumbing fixtures" means installed receptacles, devices
or appliances that are supplied with water or that receive or
discharge liquids or liquid borne wastes, with or without
discharge into the drainage system with which they may be
directly or indirectly connected.
"Plumbing system" means the water service, water supply
and distribution pipes; plumbing fixtures and traps; soil,
waste and vent pipes; building drains; including their
respective connections, devices and appurtenances. Plumbing
system does not include building sewers as defined in this
Act.
"Retired plumber" means any licensed plumber in good
standing who meets the requirements of this Act and the
requirements prescribed by Department rule to be licensed as
a retired plumber and voluntarily surrenders his plumber's
license to the Department, in exchange for a retired
plumber's license. Retired plumbers cannot perform plumbing
as defined in this Act, cannot sponsor or supervise
apprentice plumbers, and cannot inspect plumbing under this
Act. A retired plumber cannot fulfill the requirements of
subsection (3) of Section 3 of this Act.
"Supervision" with respect to first and second year
licensed apprentice plumbers means that such apprentices must
perform all designing and planning of plumbing systems and
all plumbing as defined in this Act under the direct personal
supervision of the sponsor or his or her agent who must also
be an Illinois licensed plumber, except for maintenance and
repair work on existing plumbing systems done by second year
apprentice plumbers; provided that before performing any
maintenance and repair work without such supervision, such
apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States
Department of Labor's Bureau of Apprenticeship and Training
for apprentice plumbers in a Bureau of Apprenticeship and
Training approved plumber apprenticeship program or its
equivalent. "Supervision" with respect to all other
apprentice plumbers means that, except for maintenance and
repair work on existing plumbing systems, any plumbing done
by such apprentices must be inspected daily, after initial
rough-in and after completion by the sponsor or his or her
agent who is also an Illinois licensed plumber. In addition,
all repair and maintenance work done by a licensed apprentice
plumber on an existing plumbing system must be approved by
the sponsor or his or her agent who is also an Illinois
licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an
Illinois licensed apprentice plumber for education and
training in the field of plumbing and whose name and license
number or apprenticeship program number shall appear on the
individual's application for an apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice
plumber has been accepted by an Illinois licensed plumber or
an approved apprenticeship program for apprenticeship
training.
"Telecommunications carrier" means a telecommunications
carrier as defined in the Public Utilities Act.
(Source: P.A. 89-665, eff. 8-14-96.)
(225 ILCS 320/5) (from Ch. 111, par. 1104)
Sec. 5. Advertising.
(a) Persons who advertise plumbing services shall, at
their place of business, display the licensed plumber's
license of at least one member of the firm, partnership or
officer of the corporation and shall maintain a register
listing the names and license numbers of all licensed
plumbers and all licensed apprentice plumbers currently
employed by them. The number of the license so displayed
shall also be included with the plumbing identification on
vehicles.
(b) No person who provides plumbing services may
advertise those services unless that person includes in the
advertisement the license number that is required to be
displayed under subsection (a). Nothing contained in this
subsection requires the publisher of advertising for plumbing
services to investigate or verify the accuracy of the license
number provided by the advertiser.
(b.5) Any person who advertises plumbing services (i)
who fails to display the license number required by
subsection (a) in all manners required by that subsection,
(ii) who fails to provide a publisher with the correct number
under subsection (b), or (iii) who provides a publisher with
a false license number or a license number of a person other
than the person designated under subsection (a), or any
person who allows his or her license number to be displayed
or used in order to allow any other person to circumvent any
provisions of this Section is guilty of a Class A misdemeanor
with a fine of $1,000, which shall be subject to the
enforcement provisions of Section 29 of this Act. Each day
that a person fails to display the required license under
subsection (a) and each day that an advertisement runs or
each day that a person allows his or her license to be
displayed or used in violation of this Section constitutes a
separate offense.
In addition to, and not in lieu of, the penalties and
remedies provided for in this Section and Section 29 of this
Act, any person licensed under this Act who violates any
provision of this Section shall be subject to suspension or
revocation of his or her license under Section 19 of this
Act.
(b.10) In addition to, and not in lieu of, the penalties
and remedies provided for in this Section and Sections 19,
20, and 29 of this Act, and after notice and an opportunity
for hearing as provided for in this subsection and Section 19
of this Act, the Department may issue an Order Of Correction
to the telecommunications carrier furnishing service to any
telephone number contained in a printed advertisement for
plumbing services that is found to be in violation of the
provisions of this subsection. The Order of Correction shall
be limited to the telephone number contained in the unlawful
advertisement. The Order of Correction shall notify the
telecommunications carrier to disconnect the telephone
service furnished to any telephone number contained in the
unlawful advertisement and that subsequent calls to that
number shall not be referred by the telecommunications
carrier to any new telephone number obtained by or any
existing number registered to the person.
If, upon investigation, the Department has probable cause
to believe that a person has placed an advertisement with a
telecommunications carrier that: (i) contains a false license
number, (ii) contains a license number of a person other than
the person designated under subsection (a), or (iii) is
placed or circulated by a person who is not properly licensed
under this Act, the Department shall provide notice to the
person of the Department's intent to issue an Order of
Correction to the telecommunications carrier to disconnect
the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent
calls to that number shall not be referred by the
telecommunications carrier to any new telephone number
obtained by or any existing number registered to the person.
Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of the mailing or service, within which time the person must
request a hearing in writing. Failure to serve upon the
Department a written request for hearing within the time
provided in the notice shall constitute a waiver of the
person's right to an administrative hearing. The hearing,
findings, and conclusions shall be in accordance with the
provisions contained in Section 19 of this Act and the
Department's Rules of Practice and Procedure in
Administrative Hearings (77 Ill. Admin. Code 100), which are
incorporated by reference herein.
Upon a finding that the person has violated the
provisions of this subsection, the Department shall issue the
Order of Correction to the telecommunications carrier. If the
telecommunications carrier fails to comply with the Order of
Correction within 20 days after the order is final, the
Department shall inform the Illinois Commerce Commission of
the failure to comply and the Illinois Commerce Commission
shall require the telecommunications carrier furnishing
services to that person to disconnect the telephone service
furnished to the telephone number contained in the unlawful
advertisement and direct that subsequent calls to that number
shall not be referred by the telecommunications carrier to
any new telephone number obtained by or any existing number
registered to the person.
A person may have his or her telephone services restored,
after an Order of Correction has been issued, upon a showing,
to the satisfaction of the Department, that he or she is in
compliance with the provisions of this Act.
(c) The Department may require by rule and regulation
additional information concerning licensed plumbers and
licensed apprentice plumbers maintained in the register. The
Department shall have the right to examine the payroll
records of such persons to determine compliance with this
provision. The Department's right to examine payroll records
is limited solely to those records and does not extend to any
other business records.
(Source: P.A. 87-593; 88-501.)
Section 99. Effective date. This Act takes effect on
January 1, 2000.
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